【法规名称】
【法规编号】 68735 什么是编号？
【正 文】
第4页 CAP 556 MASS TRANSIT RAILWAY ORDINANCE
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[接上页] (2) Before making any reference to the Chief Executive in Council under subsection (1)(b) the Secretary shall, as far as is practicable in the circumstances, consult the Corporation in relation to the proposed reference; and the Secretary shall bring to the attention of the Chief Executive in Council any representations made by the Corporation during the consultation. (3) An order for suspension under subsection (1) remains in effect until the Chief Executive in Council orders the suspension terminated. (4) Notice in writing of any order made under subsection (1) or (3) shall be given to the Corporation. (5) Where the franchise is suspended under subsection (1) (whether wholly or in part), the Government, its nominee or a third party designated by the Government- (a) may take possession of any property which at the time of such suspension is property used or kept by the Corporation for the purposes of or in connection with the suspended part of the franchise; (b) during the course of the suspension, may retain any property taken possession of under paragraph (a) and may use that property in the operation of the railway as it thinks fit.(6) The Government is liable to pay compensation- (a) for the use of, loss of or damage to any property taken possession of under subsection (5); and (b) except where a franchise is revoked under section 18, for loss or damage of any kind (including consequential loss) sustained by the Corporation and in any way arising from or attributable to the suspension of the franchise under subsection (1).(7) The right conferred under subsection (5) to take possession of property and to use that property in the operation of the railway includes the right to keep or maintain the property in whatever condition, or to alter the property in whatever manner, is considered appropriate for that purpose and, without affecting any entitlement to compensation under subsection (6), nothing in this Ordinance or any other law imposes on the Government any obligation in relation to the condition in which property taken under subsection (5) is to be kept or returned. Cap 556 s 16 Default under franchise For the purposes of sections 17 and 18, the Corporation is in default under the franchise if- (a) either of the following occurs- (i) there has been a substantial failure by the Corporation to discharge an obligation under the operating agreement; or (ii) the Corporation has failed or there is a likelihood of its failing substantially to operate the railway in accordance with this Ordinance, and the failure (or likely failure) results in or is likely to result in- (A) a substantial breakdown of the service; (B) the safety of persons travelling on the railway or being on the railway premises being endangered in a manner likely to result in serious injury to those persons; or (C) serious injury to or the death of persons travelling on the railway or being on the railway premises; or(b) a voluntary winding up of the Corporation is commenced or a winding up order in respect of the Corporation is made,and the expression "default" shall be construed accordingly. Cap 556 s 17 Defaults capable of remedy (1) Where it appears to the Secretary that the Corporation is in default, and that the default is one which is capable of being remedied, the Secretary may serve on the Corporation a notice calling upon the Corporation- (a) to remedy the default or to take measures or make arrangements to the satisfaction of the Secretary to ensure that the default is remedied; and (b) to do so within the period specified in the notice, being a period that is reasonable in the circumstances, or within a further period as the Secretary may allow.(2) Unless the circumstances require otherwise, the period specified in a notice served under subsection (1) shall be a period of 28 days or more. Cap 556 s 18 Revocation of franchise (1) Where- (a) the Secretary reports to the Chief Executive in Council that the Corporation has failed to comply with a notice served under section 17; or (b) it appears to the Chief Executive in Council that the Corporation is in default, and the Secretary has reported to the Chief Executive in Council that the default is not one which is capable of being remedied,the Chief Executive in Council may direct the Secretary to serve on the Corporation a notice requiring the Corporation to show cause why an order should not be made under subsection (5). (2) A notice served under subsection (1) shall specify whether it is given in relation to subsection (1)(a) or subsection (1)(b) and shall, in addition- (a) if given in relation to subsection (1)(a), give particulars of the notice referred to in that paragraph and brief particulars of the report of the Secretary; (b) if given in relation to subsection (1)(b), specify the nature of the default.(3) The Corporation may, within the period of 28 days from the date of service of the notice under subsection (1), or within a further period as the Chief Executive in Council may allow, make representations in writing to the Chief Executive in Council showing cause why an order should not be made under subsection (5). |
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